jurisdictional failings

7/28/2019 Jurisdictional Failings

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Jurisdictional Failings

Cases Jurisdictional Failings

Jurisdictional Failings

"Absent required colloquy by magistrate judge, language printed on consent form was not

sufficient to inform defendant of his rights under statute allowing defendant charged with

misdemeanor to waive trial before district judge and to elect trial before magistrate judge, where

the relevant portion of the consent form was three sentences long, and only one of the sentencesaddressed defendant's right to an Article III judge." U.S.C.A. Const. Art. 3, sec. 1 etseq; 18

U.S.C.A. sec 3401(b); FRCrP 58(b)(2), (b)(3)(A), 18 U.S.C.A. U.S. v. Gochis 196 F.R.D. 519

(2000)

"Court may always raise question of subject matter jurisdiction on appeal and in courts below."

U.S. v. Prestenbach, 230 F.3d 780 (2000)

"Courts can always consider questions as to subject matter jurisdiction whenever raised and even

sua sponte." U.S. v. White, 139 F.3d 998 cert den 119 S.Ct 343, 525 U.S. 393, 142 L.Ed.2d 283

(1998)

"Jurisdiction over a defendant requires both personal and subject matter jurisdiction." Boles v.

State, 717 So.2d 877 (1998)

"Courts acquire authority to adjudicate matter if they have both subject matter and in personam

jurisdiction." McKinney's CPL v. sec. 1.20 subd. 9. -- People v. Marzban, 660 N.Y.S.2d 808,172 Misc.2d 987 (1997)

"Subject matter jurisdiction is determined from pleadings." Hall v. State, 933 S.W.2d 363, 326

Ark. 318, 326 Ark. 823 rehearing denied (1996)

"In its most fundamental or strict sense, 'jurisdiction' means an entire absence of power to hear or

determine the case, an absence of authority over the subject matter or the parties, but the term

may also refer to the situation where a court that has jurisdiction over the subject matter has no

power to act except in a particular manner, or to give certain kinds of relief, or to act without the

occurrence of certain procedural prerequisites; action 'in excess of jurisdiction' by a court thathas jurisdiction in a fundamental sense is not void, but only voidable." People v. Burnett, 83

Cal.Rptr.2d 629, 71 Cal.App 151 (1999)


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"Judgment made when the court lacks subject matter jurisdiction is void." Clark v. State, 727

N.E.2d 18, transfer denied 741 N.E.2d 1247 (2000)

"In a criminal action, the trial court must not only have jurisdiction over the offense charged, but

over the question which the judgment presumes to decide." State v. Kraushaar, 957 P.2d 1106,

264 Kan. 667 "Information is the only vehicle by which a court obtains and has limits placed on

its jurisdiction." -Id (1998)

"Court lacked jurisdiction over defendant charged with possession of loaded firearm such as

would enable it to entertain defendant's motion to dismiss indictment on ground that diplomatic

immunity created legal impediment to his conviction, where defendant failed to appear in court

to be arraigned on accusatory instrument." -Id

"In legal prosecution, all legal requisites must be complied with to confer jurisdiction on thecourt in criminal matters, as district attorney cannot confer jurisdiction by will alone." People v.

Page, 667 N.Y.S.2d 689, 177 Misc.2d 448 (1998)

Where the court is without jurisdiction, it has no authority to do anything other than to dismissthe case." Fontenot v. State, 932 S.W.2d 185 "Judicial action without jurisdiction is void."-Id

(1996)

"Jurisdiction means the power of a court to hear and determine a cause, which power is conferred

by a constitution or a statute, or both." Penn v. Com. 528 S.E.2d 179, 32 Va.App. 422 (2000)

"A court cannot acquire jurisdiction to try a person for an act made criminal only by anunconstitutional law, and thus, an offense created by an unconstitutional statute, is no longer a

crime and a conviction under such statute cannot be a legal cause for imprisonment." State v.

Benzel, 583 N.W.2d 434, 220 Wis.2d 588 (1998)

"Jurisdiction is determined solely from face of information or indictment." State v. Lainez, 771

So.2d 617, and Snyder v. State 715 So.2d 367, review denied 727 So.2d 911 (2000)

"As a prerequisite for presiding over a case , a court must have jurisdiction over the subject

matter of an offense and of the person of the defendant; that is, two jurisdictional requirements

must be satisfied before a court has authority to hear and determine a particular cause of action."Malone v. Com., 30 S.W.3d 180 (2000)


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"Lack of subject matter jurisdiction is a non-waivable defect which may be raised at any stage of

the proceedings." State v. LaPier, 961 P.2d 1274, 289 Mont. 392, 1998 MT 174 (1998)"Ruling made in absence of subject matter jurisdiction is a nullity." State v. Dvorak, 574 N.W.2d

492, 254 Neb. 87 (1998)

"If the trial court is without subject matter jurisdiction of defendants case, conviction and

sentence would be void ab initio." State v. Swiger, 708 N.E.2d 1033, 125 Ohio.App.3d 456,

dismissed, appeal not allowed, 694 N.E.2d 75, 82 Ohio St.3d 1411 (1998)

"Before a court may exercise judicial power to hear and determine a criminal prosecution, that

court must possess three types of jursdiction: jurisdiction over the defendant, jurisdiction over

the alleged crime, and territorial jurisdiction." Const. Art. 1 sec. 9, State v. Legg, 9 S.W.3d 111

(1999)"Without jurisdiction, criminal proceedings are a nullity." State v. Inglin, 592 N.W.2d 666, 274Wis.2d 764 (1999)

"Criminal subject matter jurisdiction is the power of the court to inquire into charged crime, to

apply applicable law, and to declare punishment." W.S.A. Const. Art. 7, sec. 8; W.S.A. 753.03,

State v. West, 571 N.W.2d 196, 214 Wis.2d 468 , review denied 579 N.W.2d 44, 216 Wis.2d 612

(1997)

"Municipal courts do not have jurisdiction to render final judgments on felony charges."Muhammad v. State, 998 S.W.2d 763, 67 Ark.App 262 (1999)

"Circuit courts have exclusive original jurisdiction over all misdemeanors which arise out of the

same circumstances as a felony also charged." State v. Coble, 704 So.2d 197 (1998)

"Circuit court has no jurisdiction to try misdemeanors in the absence of a felony." Short v. State

767 So.2d 575 (2000)

"State Constitution establishes exclusive jurisdiction over felony cases in the superior court."

State v. Sterling, 535 S.E.2d 329, 244 Ga.App. 328 (2000)

"There was no merit to defendant's contention that district court lacked subject matterjurisdiction over him because his crime did not take place on federally owned land and the 10th

Amendment reserved drug prosecutions such as his to the states." U.S.C.A. Const. Amend. 10,Comprehensive Drug Abuse Prevention and Control Act of 1970, sec. 401(a), 406, 21 U.S.C.A.

secs 841(a), 846. U.S. v. Deering 179 F.3d 592, cert. den. 120 S.Ct 361, 528 U.S. 945, 145


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"Subject matter jurisdiction may not be conferred on a federal court by stipulation, estoppel, or

waiver." U.S. v. Burch, 169 F.3d 666. (1999)

"Power of courts to proceed, i.e., their jurisdiction over the subject matter, cannot be conferred

by mere act of litigant, whether it amounts to consent, waiver, or estoppel, and hence the lack of

such jurisdiction may be raised for the first time on appeal." People v. Lopez, 60 Cal.Rptr.2d

511, 52 Cal.App.4th 233 (1997)

"Jurisdiction cannot be conferred to court by agreement of parties." Akins v. State, 691 So.2d

587 (1997)

"Lack of jurisdiction cannot be cured by consent or waived by entry of a guilty plea; doctrine ofwaiver cannot be effective when court lacks jurisdiction over the case itself." Harrell v. State,

721 So.2d 1185 rehearing denied , review dismissed 728 So.2d 205 (1998)

"Party cannot stipulate to jurisdiction when court lacks it." Sterling v. State, 682 So.2d 694

(1996)

"Where no cognizable crime is charged, the court lacks fundamental subject matter jurisdiction

to render a judgment of conviction, i.e. it is powerless in such circumstances to inquire into the

facts, to apply the law, and to declare the punishment for an offense." Robinson v. State, 728A.2d 698, 353 Md. 683 (1999)

"Parties cannot confer subject matter jurisdiction upon judicial tribunal by either acquiescence orconsent; nor may subject matter jurisdiction be created by waiver, estoppel, consent, or conduct

of parties." State v. Trevino, 556 N.W.2d 638, 251 Neb. 344 (1996)

"Appearance ticket is not accusatory instrument and its filing does not confer jurisdiction over

defendant." People v. Gabbay, 670 N.Y.S.2d 962, 175 Misc.2d 421 appeal denied 678 N.Y.S.2d

26, 92 N.Y.2d 879, 700 N.E.2d 564 (1997)

"Service of an appearance ticket on an accused does not confer personal or subject matter

jurisdiction upon a criminal court." People v. Giusti, 673 N.Y.S.2d 824, 176 Misc.2d 377 (1998)

"No valid conviction can occur if the charging instrument is void." State v. Wilson, 6 S.W.3d

504 (1998)


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